College of Mainland students file suit after appeal to retake test fails

GALVESTON - A group of nursing students at a local community college are challenging the school's graduation policy in a lawsuit filed in Galveston federal court. 

Court papers submitted Oct. 22 explain that Jacquelyn Burnett, Kesha Davis, Liza Davis, Bridgette Fuselier, Stella Mbagwu, Gina Stafford and Jerusa Wekulo did not pass a required exit examination which made up 40 per cent of their final grade administered by the College of the Mainland's nursing program and sought to retake the test to no avail.

The suit states the complainants' request to was based upon the language that is found in the handbooks given to them at the beginning of the academic years in which they enrolled.

Said handbooks, published in July 2010 and January 2011 respectively, dictate that students who fail the exam are allowed to take a makeup a few more times prior to their projected graduation date, according to the original petition.

The complainants insist they informally and formally appealed the defendants' apparent denial, however, the appeal panel ruled against the students and declared their decision final.

The suit additionally refutes COM's claims it moved during the fall 2011 semester to no longer make the test in question a graduation requirement, saying the school "has not put anything in writing with respect to modification of the relevant student handbooks."

Consequently, each plaintiff seeks at least $10,000 in damages.

Attorney Anthony P. Griffin with A Griffin Lawyers in Galveston is representing the students.

Case No. 3:12-CV-310